2025:UHC:1410 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.286 of 2024 Hon’ble Alok Mahra, J. Mr. D.S. Mehta and Ms. Nisha Bora, Advocates for the applicants. Mr. V.S. Rawat, A.G.A. and Mr. Vikas Uniyal, Brief Holder for the State of Uttarakhand. 2. By means of the present C482 application, the applicants have challenge the charge sheet dated 20.12.2023 and summoning order dated 07.03.2024, passed by learned Additional Chief Judicial Magistrate, Haldwani, District Nainital in Criminal Case No.1079 of 2024. 3. Learned counsel for the applicants challenged the impugned order on the ground that in a case arising out of non cognizable report, the Police can only submit its report and that report shall be treated as a complaint case by the Court, in view of the express provision of the Code given in Explanation to Section 2(d) of the Code. 4. It is submitted by learned counsel for the applicants that the non cognizable report was investigated and the charge sheet was submitted, but the same has wrongly been treated by the learned Additional Chief Judicial Magistrate, Haldwani as a State case and cognizance was taken and applicants have been summoned. 5. Learned State counsel also agreed to the argument advanced by the learned 2025:UHC:1410 counsel for the applicants. 6. In order to consider the submission made by learned counsel for the parties, appreciation of Section 2(d) and explanation appended thereto, is needed. 7. Section 2(d) along with its explanation reads as under:- “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.” Explanation.-A report made by a police officer in a case which discloses, after investigation, the commission of a noncognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; 8. From perusal of the definition “Complaint” and its Explanation, it is clear that if on the report submitted by Police Officer after investigation, it discloses the commission of non cognizable offence, it shall deemed to be a complaint and the Police Officer by whom such a report is made shall be deemed to be complainant. 9. Having gone through the explanation appended to Section 2(d) of the Code, it appears that the learned Magistrate has wrongly taken cognizance on the police report as a State case and wrongly summoned the applicants/accused to face the trial. Rather charge sheet/police report should have been treated as a complaint and further to proceed in the complaint in accordance with the 2025:UHC:1410 provisions of Part XV of the Code. 10. In this view of the matter, the impugned summoning order dated 07.03.2024, passed by learned Additional Chief Judicial Magistrate, Haldwani, District Nainital in Criminal Case No.1079 of 2024, is hereby quashed. 11. Accordingly, criminal misc. application is allowed. The learned Additional Chief Judicial Magistrate, Haldwani is directed to take charge sheet/report submitted by the Police Officer as a complaint and to proceed in accordance with law, as provided under Chapter XV of the Code. (Alok Mahra, J.) 28.02.2025 Arpan